IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.4645 OF 2014 (CPC) BETWEEN:
Smt.P.Lakshmidevi W/o A.Jayarama Reddy D/o late R.Pilla Reddy Aged about 56 years R/at No.379, I Main Road ‘A’ Cross, Koramangala Layout Bangalore – 560 085. …Appellant (By Sri.L.M.Ramaiah Gowda, Advocate) AND:
1. Sri.C.P.Ramaiah Reddy S/o late R.Pilla Reddy Aged about 68 years Residing at Chelkere Kalyanapura Post Bangalore – 560 043.
2. Sri.P.Gopalakrishna Reddy Since deceased by his L.Rs.
2(a) Smt.Chinnamma W/o late P.Gopalakrishna Reddy Aged about 63 years 2(b) Sri.Sudhakar S/o late P.Gopalakrishna Reddy Aged about 38 years 2(c) Sri.Raghunath S/o late P.Gopalakrishna Reddy Aged about 36 years 2(d) Smt.Girija, D/o late P.Gopalakrishna Reddy Aged about 34 years 2(e) Smt.Kavitha D/o late P.Gopalakrishna Reddy Aged about 32 years Respondents No. 2(a) to 2(e) Are residing at Chelkere Kalyanapura Post Bangalore – 560 043.
3. Sri.P.Shankar Reddy Since deceased by his L.Rs.
3(a) Smt.Sarojamma W/o late P.Shankar Reddy Aged about 59 years 3(b) Smt.Amaravathi D/o late P.Shankar Reddy Aged about 34 years 3(c) Sri.Prakash S/o late P.Shankar Reddy Aged about 40 years 3(d) Sri.S.Anil Kumar S/o late P.Shankar Reddy Aged about 38 years, Respondents No.3 (a) to (d) Are Residing at Chelkere, Kalyanapura Post, Bangalore – 560 043.
4. The Commissioner Bangalore Development Authority Kumara Park West Bangalore – 560 020. …Respondents (By Sri.Anil Kumar, Advocate for R3 (d); Sri.Vedamurthy, Advocate for R4; Sri.C.M.Mahesh, Advocate for R2 (a to e) Notice served on R1, R3 (a to c)) ***** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 03.04.2014 passed on I.A.No.2 in O.S. No.404/2005 on the file of the XXXVIII Additional City Civil Judge, Bangalore, dismissing I.A.No.2 filed under Order 39, Rule 1 and 2 read with Section 151 of CPC.
This appeal coming on for admission this day, the Court delivered the following:
JUDGMENT Heard the learned counsel for the appellant.
In view of the office note, the appeal does not survive for consideration.
Accordingly, the miscellaneous first appeal is dismissed, as the same has become infructuous.
Sd/- JUDGE SSD